Legal Opinion
Blue Bell, Inc. v. Farah Manufacturing Company, Inc.
Court of Appeals for the Fifth Circuit
Decided April 4, 1975No. 74-1131PublishedCited by 98 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
In the spring and summer of 1973 two prominent manufacturers of men’s clothing created identical trademarks for
goods substantially identical in appearance. Though the record offers no indication of bad faith in the design and adoption of the labels, both Farah Manufacturing Company (Farah) and Blue Bell, Inc. (Blue Bell) devised the mark “Time Out” for new lines of men’s slacks and shirts. Both parties market their goods on a national scale, so they agree that joint utilization of the same trademark would confuse the buying public. Thus, the only question presented for…
2Cases cited18 opinions
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- McLean v. FlemingSupreme Court of the United States · 1878
- New England Duplicating Co., Inc. v. MendesCourt of Appeals for the First Circuit · 1951
- El Chico, Inc. v. El Chico CafeCourt of Appeals for the Fifth Circuit · 1954
- Old Dutch Foods, Inc. v. Dan Dee Pretzel & Potato Chip Co. And Berg's Pretzels, Inc.Court of Appeals for the Sixth Circuit · 1973
13 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Planetary Motion, Inc. v. Techsplosion, Inc.Court of Appeals for the Eleventh Circuit · 2001
- International Order of Job's Daughters v. Lindeburg and CompanyCourt of Appeals for the Ninth Circuit · 1981
- Zazu Designs, a Partnership v. L'oreal, S.A.Court of Appeals for the Seventh Circuit · 1992
- Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
- Allard Enterprises, Inc., D/ B/a/ Allard Programming Resources v. Advanced Programming Resources, Inc., and Barry HeagrenCourt of Appeals for the Sixth Circuit · 1998
93 more not listed; retrieve them via the Exa API.